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Common Interest Community Boards May Meet Virtually During COVID-19 Public Health Emergency

Virginia Governor Ralph Northam has signed legislation, effective during the current COVID-19 public health emergency, authorizing governing boards of condominium unit owners’ association, property owners’ associations, and cooperative proprietary lessees associations to meet virtually without the need of having two members of the board physically present at the meeting as is normally required by statute.

Governing boards may meet virtually if they determine that:

  • It is unsafe to assemble in a single location due to the declared state of emergency; and
  • The meeting’s purpose is to discuss or transact business statutorily required or necessary to continue operations in the community’s common interest.

Governing boards conducting virtual meetings must:

  • Give meeting notice to association members;
  • Arrange for association members to electronically access the meeting, including videoconferencing technology;
  • Provide association members with the opportunity to comment, if the means of electronic communication allows;
  • State the type of electronic communication used to conduct the meeting in the minutes; and
  • Disburse meeting minutes to association members via the same method used to provide notice of the meeting.

The COVID-19 public health emergency was declared on March 12, 2020 by Executive Order No. 51 and will be in effect until June 10, 2020 unless changed by another executive order.

Access Executive Order No. 51 by clicking HERE.

Access Amendment 28 of the HB 29 Budget Bill by clicking HERE.

 

© Caulkins & Bruce PC, 2020.  The information presented is for informational purposes only.  You should not construe it as legal advice or a legal opinion on any specific fact or circumstances.

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